Florida Senate - 2007                        SENATOR AMENDMENT
    Bill No. CS for SB 270
                        Barcode 322736
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1                                 .                    
                                   .                    
 2                                 .                    
                                   .                    
 3         Floor: WD/2R            .                    
       05/02/2007 12:07 PM         .                    
 4  ______________________________________________________________
 5  
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  Senator Saunders moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         On page 2, line 2,
15  
16  insert:  
17         Section 1.  Section 831.311, Florida Statutes, is
18  created to read:
19         831.311  Unlawful sale, manufacture, alteration,
20  delivery, uttering, or possession of counterfeit-resistant
21  prescription blanks for controlled substances.--
22         (1)  It is unlawful for any person having the intent to
23  injure or defraud any person or to facilitate any violation of
24  s. 893.13 to sell, manufacture, alter, deliver, utter, or
25  possess with intent to injure or defraud any person, or to
26  facilitate any violation of s. 893.13, any
27  counterfeit-resistant prescription blanks for controlled
28  substances, the form and content of which are adopted by rule
29  of the Department of Health pursuant to s. 893.065.
30         (2)  Any person who violates this section commits a
31  felony of the third degree, punishable as provided in s.
                                  1
    11:52 AM   05/01/07                            s0270c1c-37-tl7

Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for SB 270 Barcode 322736 1 775.082, s. 775.083, or s. 775.084. 2 Section 2. Section 893.04, Florida Statutes, is 3 amended to read: 4 893.04 Pharmacist and practitioner.-- 5 (1) A pharmacist, in good faith and in the course of 6 professional practice only, may dispense controlled substances 7 upon a written or oral prescription of a practitioner, under 8 the following conditions: 9 (a) Oral prescriptions must be promptly reduced to 10 writing by the pharmacist or recorded electronically if 11 permitted by federal law. 12 (b) The written prescription must be dated and signed 13 by the prescribing practitioner on the day when issued. 14 (c) There shall appear on the face of the prescription 15 or written record thereof for the controlled substance the 16 following information: 17 1. The full name and address of the person for whom, 18 or the owner of the animal for which, the controlled substance 19 is dispensed. 20 2. The full name and address of the prescribing 21 practitioner and the practitioner's federal controlled 22 substance registry number shall be printed thereon. 23 3. If the prescription is for an animal, the species 24 of animal for which the controlled substance is prescribed. 25 4. The name of the controlled substance prescribed and 26 the strength, quantity, and directions for use thereof. 27 5. The number of the prescription, as recorded in the 28 prescription files of the pharmacy in which it is filled. 29 6. The initials of the pharmacist filling the 30 prescription and the date filled. 31 (d) The prescription shall be retained on file by the 2 11:52 AM 05/01/07 s0270c1c-37-tl7
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for SB 270 Barcode 322736 1 proprietor of the pharmacy in which it is filled for a period 2 of 2 years. 3 (e) Affixed to the original container in which a 4 controlled substance is delivered upon a prescription or 5 authorized refill thereof, as hereinafter provided, there 6 shall be a label bearing the following information: 7 1. The name and address of the pharmacy from which 8 such controlled substance was dispensed. 9 2. The date on which the prescription for such 10 controlled substance was filled. 11 3. The number of such prescription, as recorded in the 12 prescription files of the pharmacy in which it is filled. 13 4. The name of the prescribing practitioner. 14 5. The name of the patient for whom, or of the owner 15 and species of the animal for which, the controlled substance 16 is prescribed. 17 6. The directions for the use of the controlled 18 substance prescribed in the prescription. 19 7. A clear, concise warning that it is a crime to 20 transfer the controlled substance to any person other than the 21 patient for whom prescribed. 22 (f) A prescription for a controlled substance listed 23 in Schedule II may be dispensed only upon a written 24 prescription of a practitioner, except that in an emergency 25 situation, as defined by regulation of the Department of 26 Health, such controlled substance may be dispensed upon oral 27 prescription but is limited to a 72-hour supply. A No 28 prescription for a controlled substance listed in Schedule II 29 may not be refilled. 30 (g) A No prescription for a controlled substance 31 listed in Schedule Schedules III, Schedule IV, or Schedule V 3 11:52 AM 05/01/07 s0270c1c-37-tl7
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for SB 270 Barcode 322736 1 may not be filled or refilled more than five times within a 2 period of 6 months after the date on which the prescription 3 was written unless the prescription is renewed by a 4 practitioner. 5 (2)(a) A pharmacist may not dispense a controlled 6 substance listed in Schedule II, Schedule III, or Schedule IV 7 to any patient or patient's agent without first determining, 8 in the exercise of her or his professional judgment, that the 9 order is valid. The pharmacist may dispense the controlled 10 substance, in the exercise of her or his professional 11 judgment, when the pharmacist or pharmacist's agent has 12 obtained satisfactory patient information from the patient or 13 the patient's agent. 14 (b) Any pharmacist who dispenses by mail a controlled 15 substance listed in Schedule II, Schedule III, or Schedule IV 16 is exempt from the requirement to obtain suitable 17 identification for the prescription dispensed by mail if the 18 pharmacist has obtained the patient's identification through 19 the patient's prescription benefit plan. 20 (c) Any controlled substance listed in Schedule III or 21 Schedule IV may be dispensed by a pharmacist upon an oral 22 prescription if, before filling the prescription, the 23 pharmacist reduces it to writing or records the prescription 24 electronically if permitted by federal law. Such prescriptions 25 must contain the date of the oral authorization. 26 (d) Each written prescription prescribed by a 27 practitioner in this state for a controlled substance listed 28 in Schedule II, Schedule III, or Schedule IV must include both 29 a written and a numerical notation of the quantity on the face 30 of the prescription and a notation of the date, with the 31 abbreviated month written out on the face of the prescription. 4 11:52 AM 05/01/07 s0270c1c-37-tl7
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for SB 270 Barcode 322736 1 A pharmacist may, upon verification by the prescriber, 2 document any information required by this paragraph. 3 (e) A pharmacist may not dispense more than a 30-day 4 supply of a controlled substance listed in Schedule III upon 5 an oral prescription issued in this state. 6 (f) A pharmacist may not knowingly fill a prescription 7 that has been forged for a controlled substance listed in 8 Schedule II, Schedule III, or Schedule IV. 9 (3)(2) Notwithstanding the provisions of subsection 10 (1), a pharmacist may dispense a one-time emergency refill of 11 up to a 72-hour supply of the prescribed medication for any 12 medicinal drug other than a medicinal drug listed in Schedule 13 II, in compliance with the provisions of s. 465.0275. 14 (4)(3) The legal owner of any stock of controlled 15 substances in a pharmacy, upon discontinuance of dealing in 16 controlled substances, may sell said stock to a manufacturer, 17 wholesaler, or pharmacy. Such controlled substances may be 18 sold only upon an order form, when such an order form is 19 required for sale by the drug abuse laws of the United States 20 or this state, or regulations pursuant thereto. 21 Section 3. Section 408.0611, Florida Statutes, is 22 created to read: 23 408.0611 Electronic prescribing clearinghouse.-- 24 (1) It is the intent of the Legislature to promote the 25 implementation of electronic prescribing by health care 26 practitioners, health care facilities, and pharmacies in order 27 to prevent prescription drug abuse, improve patient safety, 28 and reduce unnecessary prescriptions. To that end, it is the 29 intent of the Legislature to create a clearinghouse of 30 information on electronic prescribing to convey the process 31 and advantages of electronic prescribing; to provide 5 11:52 AM 05/01/07 s0270c1c-37-tl7
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for SB 270 Barcode 322736 1 information regarding the availability of electronic 2 prescribing products, including no-cost or low-cost products; 3 and to regularly convene stakeholders to assess and accelerate 4 the implementation of electronic prescribing. 5 (2) As used in this section, the term: 6 (a) "Electronic prescribing" means, at a minimum, the 7 electronic review of the patient's medication history, the 8 electronic generation of the patient's prescription, and the 9 electronic transmission of the patient's prescription to a 10 pharmacy. 11 (b) "Health care practitioner" means an individual 12 authorized by law to prescribe drugs. 13 (3) The agency shall work in collaboration with 14 private-sector electronic prescribing initiatives and relevant 15 stakeholders to create a clearinghouse of information on 16 electronic prescribing for health care practitioners, health 17 care facilities, and pharmacies. These stakeholders shall 18 include organizations that represent health care 19 practitioners; organizations that represent health care 20 facilities; organizations that represent pharmacies; 21 organizations that operate electronic prescribing networks; 22 organizations that create electronic prescribing products; and 23 regional health information organizations. Specifically, the 24 agency shall, by October 1, 2007: 25 (a) Provide on its website: 26 1. Information regarding the process of electronic 27 prescribing and the availability of electronic prescribing 28 products, including no-cost or low-cost products; 29 2. Information regarding the advantages of electronic 30 prescribing, including using medication history data to 31 prevent drug interactions, prevent allergic reactions, and 6 11:52 AM 05/01/07 s0270c1c-37-tl7
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for SB 270 Barcode 322736 1 deter doctor and pharmacy shopping for controlled substances; 2 3. Links to federal and private-sector websites that 3 provide guidance on selecting an appropriate electronic 4 prescribing product; and 5 4. Links to state, federal, and private-sector 6 incentive programs for the implementation of electronic 7 prescribing. 8 (b) Convene quarterly meetings of the stakeholders to 9 assess and accelerate the implementation of electronic 10 prescribing. 11 (4) Pursuant to s. 408.061, the agency shall monitor 12 the implementation of electronic prescribing by health care 13 practitioners, health care facilities, and pharmacies. By 14 January 31 of each year, the agency shall report on the 15 progress of implementation of electronic prescribing to the 16 Governor and the Legislature. Information reported pursuant to 17 this subsection shall include federal and private-sector 18 electronic prescribing initiatives and, to the extent that 19 data is readily available from organizations that operate 20 electronic prescribing networks, the number of health care 21 practitioners using electronic prescribing and the number of 22 prescriptions electronically transmitted. 23 Section 4. Section 893.065, Florida Statutes, is 24 created to read: 25 893.065 Counterfeit-resistant prescription blanks for 26 controlled substances listed in Schedule II, Schedule III, or 27 Schedule IV.--The Department of Health shall develop and adopt 28 by rule the form and content for a counterfeit-resistant 29 prescription blank which may be used by practitioners for the 30 purpose of prescribing a controlled substance listed in 31 Schedule II, Schedule III, or Schedule IV. The Department of 7 11:52 AM 05/01/07 s0270c1c-37-tl7
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for SB 270 Barcode 322736 1 Health may require the prescription blanks to be printed on 2 distinctive, watermarked paper and to bear the preprinted 3 name, address, and category of professional licensure of the 4 practitioner and that practitioner's federal registry number 5 for controlled substances. The prescription blanks may not be 6 transferred. 7 Section 5. The penalties created in s. 831.311(2), 8 Florida Statutes, by this act shall be effective only upon the 9 adoption of the rules required pursuant to s. 893.065, Florida 10 Statutes, as created by this act. 11 Section 6. If a person dies of an apparent drug 12 overdose: 13 (1) A law enforcement agency shall prepare a report 14 identifying each prescribed controlled substance listed in 15 Schedule II, Schedule III, or Schedule IV of s. 893.03, 16 Florida Statutes, which is found on or near the deceased or 17 among the deceased's possessions. The report must identify the 18 person who prescribed the controlled substance, if known or 19 ascertainable. Thereafter, the law enforcement agency shall 20 submit a copy of the report to the medical examiner. 21 (2) A medical examiner who is preparing a report 22 pursuant to s. 406.11, Florida Statutes, shall include in the 23 report information identifying each prescribed controlled 24 substance listed in Schedule II, Schedule III, or Schedule IV 25 of s. 893.03, Florida Statutes, that was found in, on, or near 26 the deceased or among the deceased's possessions. 27 28 (Redesignate subsequent sections.) 29 30 31 8 11:52 AM 05/01/07 s0270c1c-37-tl7
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for SB 270 Barcode 322736 1 ================ T I T L E A M E N D M E N T =============== 2 And the title is amended as follows: 3 On page 1, line 2, delete that line 4 5 and insert: 6 An act relating to drugs; creating s. 831.311, 7 F.S.; prohibiting the sale, manufacture, 8 alteration, delivery, uttering, or possession 9 of counterfeit-resistant prescription blanks 10 for controlled substances with the intent to 11 injure or defraud; providing penalties; 12 amending s. 893.04, F.S.; providing additional 13 requirements for the dispensing of a controlled 14 substance listed in Schedule II, Schedule III, 15 or Schedule IV; specifying circumstances under 16 which a pharmacist who dispenses controlled 17 substances by mail is exempt from certain 18 requirements governing patient identification; 19 providing requirements and limitations for 20 dispensing controlled substances upon an oral 21 prescription; creating s. 408.0611, F.S.; 22 providing legislative intent; providing 23 definitions; requiring the Agency for Health 24 Care Administration to create a clearinghouse 25 of information on electronic prescribing; 26 requiring the agency to monitor and report on 27 the implementation of electronic prescribing; 28 creating s. 893.065, F.S.; requiring the 29 department to develop and adopt by rule the 30 form and content for a counterfeit-proof 31 prescription blank for voluntary use by 9 11:52 AM 05/01/07 s0270c1c-37-tl7
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for SB 270 Barcode 322736 1 physicians in prescribing a controlled 2 substance listed in Schedule II, Schedule III, 3 or Schedule IV; providing that penalties shall 4 become effective only upon adoption of rules; 5 prescribing duties of law enforcement agencies 6 and medical examiners when a person dies of an 7 apparent drug overdose; 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 10 11:52 AM 05/01/07 s0270c1c-37-tl7